Oklahoma Divorce Self-Help Center

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STATE PROCEDURES

How do I serve my spouse with the divorce papers in Oklahoma?2343

In an uncontested (waiver) divorce in Oklahoma, the spouse who files for divorce (the Petitioner) will mail or hand-deliver a copy of the Petition for Dissolution of Marriage to the other spouse (the Respondent) once it has been filed. The Respondent will then sign a Waiver of Summons and Entry of Appearance, making it unnecessary to have him or her formally served by a process server.

What is considered to be the date of separation in Oklahoma?2333

Here the term "separation date" refers to the date when the spouses decided to end the marriage with no intent to reconcile. This date is often a matter of interpretation. It is sometimes the date that the spouses stopped living together under the same roof, although in Oklahoma, as long as the spouses consider the marriage over, do not intend to reconcile, and do not have a sexual relationship, they may seek a divorce even if they are living under the same roof.

Will either of us be required to attend a court hearing?2331

Yes. The spouse who filed for divorce (the Petitioner) will be required to attend a brief divorce hearing. If the parties have no minor children, the hearing cannot be held until at least ten (10) days have passed from the filing of the Petition. If the parties do have minor children, the hearing cannot be held until at least thirty (30) days have passed from the filing of the Petition. For more information, see Okla. Stat. Title 12, Rule 8.

Additionally, if the parties have minor children, the Judge cannot sign the Decree of Divorce until ninety (90) days have passed from the date the divorce is filed. There is no such requirement if the parties do not have minor children.

How much is the filing fee in Oklahoma?2340

The filing fee charged by the Court is NOT included in the DivorceWriter price. The fee for filing for divorce in Oklahoma varies from county to county, but is typically $180.00-$250.00.

How long does it usually take to finalize a divorce in Oklahoma?2342

When both parties are in agreement, a divorce hearing may be held and a divorce may be granted ten (10) days after the filing of the Petition of Dissolution of Marriage if the parties have no children together.

In a divorce where there are minor children involved, the final hearing cannot take place until at least thirty (30) days have passed since the date the Petition for Dissolution of Marriage is filed with the Court. Further, in divorces involving children, the divorce cannot be finalized until at least ninety (90) days have passed from the date the Petition was filed.

What are the basic steps to getting a divorce in Oklahoma?2339

The basic steps for getting an uncontested (waiver) divorce in Oklahoma are:

File a Petition for Dissolution of Marriage.

Both spouses sign a few additional documents and file them with the Court.

The spouse who filed for divorce attends a brief hearing approximately 10-30 days after the divorce was filed. The divorce can be finalized in as little as 10 days if there are no minor children (90 days if you have children together).

Once you file for divorce, an Automatic Temporary Injunction Notice goes into effect. It prevents you and your spouse from doing the following while the divorce is pending:

Selling or disposing of property;

Damaging property;

Taking money from bank accounts, except for necessities or usual course of business, without your written permission or court approval;

Hiding your children or removing them from the State.

This is a standard part of Oklahoma divorce.

At the bottom of the Automatic Temporary Injunction Notice is a Waiver, which both spouse can sign if they have agreed to waive ther requirments of the injunction.

If you have any additional questions regarding the Automatic Temporary Injunction Notice, you may need to contact an attorney licensed to practice in your state.

What documents are included in the self-prepared Oklahoma DivorceWriter package?2341

Your self-prepared Oklahoma DivorceWriter package will include:

Civil/Domestic Cover Sheet

Petition for Dissolution of Marriage

Automatic Temporary Injunction Notice

Waiver of Summons and Entry of Appearance

Decree of Dissolution

Customers with minor children will also receive the following:

Uniform Child Custody Enforcement Act Affidavit

Parenting Plan Order

Child Support Worksheet

Do we have to be separated to get a divorce in Oklahoma?2344

There is no requirement that a couple live at separate residences in order to divorce in Oklahoma.

Can I change my name in Oklahoma divorce proceedings?2345

When a divorce is granted in Oklahoma, a wife is allowed to resume her maiden or former last name. 43 O.S. Section 121

Where do I file my divorce papers in Oklahoma?2329

In Oklahoma, divorces are filed at the District Court Clerk's office in the county of filing.

A divorce may be filed in the county where the spouse who files for divorce (the Petitioner) has lived for the thirty (30) days immediately before filing divorce or in the Oklahoma county in which the non-filing spouse (the Respondent) lives.

What are the Oklahoma residency requirements for filing for divorce?2335

One or both spouses must have been a resident of Oklahoma for six (6) months immediately before filing for divorce.

Any person who has been a resident of any United States army post or military reservation within the State of Oklahoma for the last six (6) months may file for divorce in Oklahoma. For more information, see Oklahoma Statute Title 43 Sec. 102

The Clerk said my spouse and I need to file a Waiver of the Automatic Temporary Injunction Notice. Where do I find this Waiver?
2838

The Automatic Temporary Injunction Notice and Waiver is included with the Oklahoma DivorceWriter package. This document serves more than one purpose. First, it notifies the each spouse of actions they are not allowed to take while the divorce is pending unless the Court issues an Order saying otherwise. For a full list of actions that are prohibited, read the Automatic Temporary Injunction Notice and Waiver very carefully. Once the divorce is finalized, the Temporary Injunction is lifted and no longer in force.

Additionally, if both spouses have agreed to waive the requirements of the Automatic Temporary Injunction, each signs the Waiver located at the bottom of the Automatic Temporary Injunction Notice and files the signed document with the Clerk.

Even if the parties do not wish to sign the Waiver at the bottom of the Automatic Injunction Notice, a copy of the Automatic Injunction Notice must be attached to the back of each Waiver of Summons and Entry of Appearance. (Note: The Waiver of Summons and Entry of Appearance should not be confused with the Waiver located at the bottom of the Automatic Temporary Injunction Notice. These are two different types of Waivers.)

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CUSTODY, VISITATION, SUPPORT

How is child support calculated in Oklahoma?2330

Based on the information provided by the customer when completing this online interview, a computer generated Child Support Worksheet is created and sent to the customer as part of the DivorceWriter package.

In Oklahoma, a child support order can be modified if there has been a material change in circumstances including, but not limited to changes in actual child care expenses, changes in medical or dental insurance, or when one of the children in the child support order reaches the age of majority or otherwise ceases to be entitled to support pursuant to the support order.

What if my spouse and I have agreed to use a child support amount that is different from the standard amount set by the Child Support Guidelines?2332

Reasons for deviating from the guidelines may include, but are not limited to, the following:

Extraordinary educational expenses including, but not limited to, tuition, room and board, books, fees, and other reasonable and necessary expenses associated with special needs education for a child with a disability under the Individuals with Disabilities Educational Act;

Special expenses including, but not limited to private school tuition, camp, music or art lessons, travel, school-sponsored extra-curricular activities, such as band, clubs, and athletics, and other activities intended to enhance the athletic, social or cultural development of a child, but that are not otherwise required to be used in calculating the child support order as are health insurance premiums and work-related child care costs.

The court may deviate from the guidelines for reasons other than those listed above. More information is available here.

What are the different types of custody in Oklahoma?2337

In Oklahoma, the Court may grant the care, custody, and control of a child to either parent or to the parents jointly. When the parties are able to agree, the Court generally will award custody according to their agreement as long as doing so is in the best interest of the child.

The terms joint custody and joint care, custody, and control mean the sharing by parents in all or some of the aspects of physical and legal care, custody, and control of their children.

Sole custody refers to one parent making decisions concerning the care and control of the children.

We already have a child support order issued by a judge. Will we be able to keep the same amount?2346

DivorceWriter provides the option to enter information regarding an existing child support order including the amount of support ordered and other identifying case information. Generally, you must also attach a copy of already existing child support document(s) to your Decree when you file it.

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is not a substitute for hiring an attorney licensed to practice in your state.